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(영문) 서울행정법원 2017.10.20 2016구합84467
입찰참가자격제한처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

The status of the plaintiff is a company with the main business of underwater fishing operation, marine search and investigation, and human life and development.

The Plaintiff’s collusion with B Co., Ltd. is a device for observing and transmitting E, F, G, etc. by participating in a new product development project under the condition of purchase by the National Meteorological Institute and the Small and Medium Business Administration in 2007 to 209.

In 2010 to 2011, C was supplied after the production was domestically produced and a negotiated contract for the C Introduction Project was concluded.

The Seoul Local Government Procurement Service entrusted a bid for the "2012 C Introduction Project" which is a project that produces and installs 9 C9 projects from the Korea Meteorological Industry Promotion Agency, and announced the bidding on June 7, 2012.

As the Plaintiff was anticipated to participate in the bidding due to the Plaintiff’s sole bid, etc., the Plaintiff requested the Plaintiff to participate in the bidding formally so that it can be promptly awarded a successful bid without fail, in the case of B (hereinafter “B”) mainly engaged in the business of providing engineering services related to the global environment and fisheries and the research and development business. B agreed to participate in the bidding through the Plaintiff’s advisory proposal prepared by the Plaintiff, and then, the Plaintiff prepared a substitute part of the evaluation and submitted the quasi-project proposal instead of the result evaluation.

The Plaintiff notified the Plaintiff’s bid price in advance to B before the 2-3th day of the bid, and requested the Plaintiff to reflect the bid price at a higher price.

Plaintiff, B, and D (hereinafter referred to as “D”)

(2) On June 19, 2012, the Plaintiff participated in the said bidding on June 19, 2012, and the Plaintiff was determined as a successful bidder (the bid price of KRW 343,100,000, the bid rate of KRW 97.916, the bid rate of KRW 97.916, and the bid price of the Plaintiff was reduced by a bid at a price higher than the bid price of the Plaintiff, and D excluded the proposal due to reasons for

Accordingly, the Plaintiff entered into a contract with the Seoul Local Government Procurement Service on July 3, 2012.

The Seoul Local Government Procurement Service shall produce and install 38 items from the Korea Meteorological Industry Promotion Agency.

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